Pennsylvania Criminal Law Questions & Answers
Q: Can I get charged for anything for this?
Steven Pacillio's answer
Unfortunately, you never know what the kid or the mom might tell the police (if they even called the police). Fortunately, Walmart stores generally have good video surveillance systems. If you are contacted by the police you should immediately contact an experienced criminal defense attorney in your area to represent you during your interaction with the police. An experienced defense attorney will also know how to contact Walmart to preserve the video footage of the interaction which would...
Unfortunately, you never know what the kid or the mom might tell the police (if they even called the police). Fortunately, Walmart stores generally have good video surveillance systems. If you are contacted by the police you should immediately contact an experienced criminal defense attorney in your area to represent you during your interaction with the police. An experienced defense attorney will also know how to contact Walmart to preserve the video footage of the interaction which would...
Q: I was charged with #1-Int Poss Contr Subst By Per Not Reg #2-Marijuana, small Amt, personal use
Cary B. Hall's answer
Probably not any, but -- at least on the law books -- the maximum incarceration time for a small amount of marijuana is one year.
It also depends on the jurisdiction. Philadelphia? No time. One of the more rural counties in the middle of the state? Those charges might be taken more seriously. In any event, the most serious charge you're facing is the first one - which is usually possession of some drug *other than* marijuana.
If you're talking about prescription pills or...
Probably not any, but -- at least on the law books -- the maximum incarceration time for a small amount of marijuana is one year.
It also depends on the jurisdiction. Philadelphia? No time. One of the more rural counties in the middle of the state? Those charges might be taken more seriously. In any event, the most serious charge you're facing is the first one - which is usually possession of some drug *other than* marijuana.
If you're talking about prescription pills or...
Q: can paperwork error be grounds for dismissal?
Cary B. Hall's answer
Not this one, no. The error will not be considered dispositive and substantive by the court, and amendment will be allowed.
Hmmm . . . every attorney suggested ARD, but your partner knows (or thinks he/she deserves) better. Sounds like your partner may need a reality check. Best of luck to him/her.
Not this one, no. The error will not be considered dispositive and substantive by the court, and amendment will be allowed.
Hmmm . . . every attorney suggested ARD, but your partner knows (or thinks he/she deserves) better. Sounds like your partner may need a reality check. Best of luck to him/her.
Q: Is it illegal for a 18/19 year old to fight a 16 year old? Someone threatened my 16 year old friend and she was 18/19.
Cary B. Hall's answer
There is a crime in Pennsylvania called Terroristic Threats, a first-degree misdemeanor. Depending on the exact threat, the "someone" may have committed this crime -- and the age of the parties is irrelevant. Your friend can contact the local police to determine if a crime has in fact taken place.
There is a crime in Pennsylvania called Terroristic Threats, a first-degree misdemeanor. Depending on the exact threat, the "someone" may have committed this crime -- and the age of the parties is irrelevant. Your friend can contact the local police to determine if a crime has in fact taken place.
Q: Can you get in trouble for threatening to call the cops for past abuse if the abuser doesnt do something you ask?
Kathryn Hilbush's answer
I suggest that you urge your friend to go to a domestic violence organization in her area to discuss this situation. It's not good for her to continue in this relationship.
I suggest that you urge your friend to go to a domestic violence organization in her area to discuss this situation. It's not good for her to continue in this relationship.
Q: How do you challange a search warrant issued due to false and theoretical probable cause affidavit
Cary B. Hall's answer
Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.
If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me offsite -- my contact information is contained in my Justia profile.
Best of luck to you.
Your best bet is to hire an attorney, and have him/her contact the police to find out what their intentions are with the property seized, and whether they intend to file any charges.
If you'd like to discuss this matter further, I do practice in Bucks County. Feel free to contact me offsite -- my contact information is contained in my Justia profile.
Best of luck to you.
Q: I stole some money from my employer. I'm 16 and still a minor. I have no clue of they caught me or not. What can happen
Cary B. Hall's answer
Open the letter, and find out.
You're also posing your question from New York . . . but in a Pennsylvania law forum. If things happened in New York, try asking your question in the New York law forum.
If you stole from your employer, you could be charged with theft in the juvenile system. Punishments range from probation + restitution (paying the money back) + community service, to actual detention.
Best of luck to you.
Open the letter, and find out.
You're also posing your question from New York . . . but in a Pennsylvania law forum. If things happened in New York, try asking your question in the New York law forum.
If you stole from your employer, you could be charged with theft in the juvenile system. Punishments range from probation + restitution (paying the money back) + community service, to actual detention.
Best of luck to you.
Q: so i was just charged with possession of marijuana(113 grams)and drug paraphernalia(scale)in somerset nj what is next
Cary B. Hall's answer
You need to post your questions in the *New Jersey* law forum, because that's where all the action will be. New Jersey and Pennsylvania are very different!
Best of luck to you.
You need to post your questions in the *New Jersey* law forum, because that's where all the action will be. New Jersey and Pennsylvania are very different!
Best of luck to you.
Q: Can we still press charges?
Cary B. Hall's answer
Hmmm - if the perpetrator was 14 at the time, not sure how they'll want to handle that. Contact your local police and pose your questions to them.
Best of luck to you.
Hmmm - if the perpetrator was 14 at the time, not sure how they'll want to handle that. Contact your local police and pose your questions to them.
Best of luck to you.
Q: How long can probation keep a detaner on you
Cary B. Hall's answer
Typically until the violation of probation is reviewed and adjudicated by your back judge. If the violation is as a result of new criminal charges against you, then most often the detainer remains until the new charges are resolved -- and that could take many months.
Typically until the violation of probation is reviewed and adjudicated by your back judge. If the violation is as a result of new criminal charges against you, then most often the detainer remains until the new charges are resolved -- and that could take many months.
Q: How long can your probation officer keep a detaner on someone
Mr. Ryan L Hyde's answer
There is nowhere near enough information to answer this question. I realize that is not what you want to hear but some questions require specifics to answer. There is no real legal limit to the detainer if it is lodged for pending charges. Usually the court will allow the detainer to span the duration of the criminal proceedings. I say usually because there are instances where I have been able to get a judge to set bail on the detainer. Some counties will do this, some counties won't. The...
There is nowhere near enough information to answer this question. I realize that is not what you want to hear but some questions require specifics to answer. There is no real legal limit to the detainer if it is lodged for pending charges. Usually the court will allow the detainer to span the duration of the criminal proceedings. I say usually because there are instances where I have been able to get a judge to set bail on the detainer. Some counties will do this, some counties won't. The...
Q: What happens when ard is revoked?
Cary B. Hall's answer
Two separate cases -- and so sometimes you get two very different results. You chose to go the ARD route, and so now you're on that path.
I suppose you can talk to the DA again about your case, and point out the discrepancy with your co-defendant. Perhaps the DA will reconsider the charges against you; perhaps not. In any case, if the DA still wants to proceed with your prosecution, I'd strongly recommend completing your ARD requirements and taking advantage of that opportunity....
Two separate cases -- and so sometimes you get two very different results. You chose to go the ARD route, and so now you're on that path.
I suppose you can talk to the DA again about your case, and point out the discrepancy with your co-defendant. Perhaps the DA will reconsider the charges against you; perhaps not. In any case, if the DA still wants to proceed with your prosecution, I'd strongly recommend completing your ARD requirements and taking advantage of that opportunity....
Q: For the party opponent exception to the hearsay rule, what if it is unclear if the defendant wrote the statement?
Gary Kollin's answer
You should be determining your answer and not ask someone to answer for you.
This violates the honor code
You should be determining your answer and not ask someone to answer for you.
This violates the honor code
Q: Evidence
Cary B. Hall's answer
It sounds like your case is detailed enough to actually consult with (and hire) a criminal defense attorney face-to-face. Someone trained in the law needs to review all the facts of your case, and the court paperwork to date. If you want to handle your case the right way, don't try to do it with the equivalent of a YouTube video.
Consult with an attorney that can review your case instead of reviewing just a few sentences penned by you which attempt to summarize your case. If you...
It sounds like your case is detailed enough to actually consult with (and hire) a criminal defense attorney face-to-face. Someone trained in the law needs to review all the facts of your case, and the court paperwork to date. If you want to handle your case the right way, don't try to do it with the equivalent of a YouTube video.
Consult with an attorney that can review your case instead of reviewing just a few sentences penned by you which attempt to summarize your case. If you...
Q: Evidence and definitions.
Cary B. Hall's answer
There's no "bright line" rule about the "level" of communication for such a charge, unfortunately. Much is left up to the discretion of the judge.
My suggestion is to try to get the M3 charge reduced to a summary harassment or disorderly conduct citation, and then just pay the fine and move on. The fact that the "victim" in your case is an attorney may or may not have anything to do with the prosecution -- but typically if a victim is hell-bent on going forward with the case, the cops...
There's no "bright line" rule about the "level" of communication for such a charge, unfortunately. Much is left up to the discretion of the judge.
My suggestion is to try to get the M3 charge reduced to a summary harassment or disorderly conduct citation, and then just pay the fine and move on. The fact that the "victim" in your case is an attorney may or may not have anything to do with the prosecution -- but typically if a victim is hell-bent on going forward with the case, the cops...
Q: Wife and Daughter hit head on with serious injuries. Will the guy who crossed the yellow line be criminally liable?
2 Answers
| Asked
in
Car Accidents, Criminal Law and Personal Injury
for
Pennsylvania
on
Answered on Nov 13, 2018
Answered on Nov 13, 2018
Elizabeth Tarasi's answer
I will be happy to represent you and your family in the civil case. In working on the civil case I will push what can be pushed in the criminal case. My office number is 412-391-7135. Web site www.tarasilaw.com
Email emt@tarasilaw.com
I will be happy to represent you and your family in the civil case. In working on the civil case I will push what can be pushed in the criminal case. My office number is 412-391-7135. Web site www.tarasilaw.com
Email emt@tarasilaw.com
Q: Can I have a conviction from 35 years ago overturned?
Cary B. Hall's answer
If there was a clerical error in inputting your convictions into the PA computers, then you can file a motion with the court requesting correction the mistake.
If the only mistake is your memory, however, and you were actually found guilty of a felony even though you thought otherwise, then I believe you're out of luck, unfortunately.
If there was a clerical error in inputting your convictions into the PA computers, then you can file a motion with the court requesting correction the mistake.
If the only mistake is your memory, however, and you were actually found guilty of a felony even though you thought otherwise, then I believe you're out of luck, unfortunately.
Q: Who do I contact when someone is repeatedly filing false reports with CP's against me in Pennsylvania?
Cary B. Hall's answer
Well, the problem is that you don't know who made the reports against you -- Children & Youth/Child Protective Services don't (and won't) tell you that. You might think you know who it is, but you won't get confirmation of it from the agency. And it'll be somewhat difficult to prove unless the person admits it to you or someone else.
So that makes it pretty difficult to file any charges or bring any action against such a person. And as far as I know, there isn't one person or entity...
Well, the problem is that you don't know who made the reports against you -- Children & Youth/Child Protective Services don't (and won't) tell you that. You might think you know who it is, but you won't get confirmation of it from the agency. And it'll be somewhat difficult to prove unless the person admits it to you or someone else.
So that makes it pretty difficult to file any charges or bring any action against such a person. And as far as I know, there isn't one person or entity...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
